Terms and Conditions

Silhouette do Brasil Produtos Ópticos Ltda

Version: October 2023

The following General Terms and Conditions ("Terms") form the basis of all contracts concluded with customers through the online store www.silhouette.com ("Online Store"). These Terms contain general and legal information about your rights and obligations and establish the conditions under which Silhouette do Brasil Produtos Ópticos Ltda enters into contracts with customers.

1.1. The operator of the Online Store and the contractual partner of customers purchasing products through the Online Store ("customers" or "you") is Silhouette do Brasil Produtos Ópticos Ltda ("Silhouette" or "we"), located at Avenida Aruana No. 280/352, CEP 06460-010, São Paulo, duly registered with the CNPJ/MF under No. 19.400.707/0001-13.

1.2. The sale and delivery of products via the Online Store shall be carried out exclusively based on these Terms. Customers have the opportunity to review these Terms before completing an order and to save or print them for future reference. To place an order, the customer must explicitly accept these Terms by checking the designated box. By doing so, the Terms become part of the contract by mutual agreement.
The Terms always apply in their current version to a specific order and are displayed to the customer throughout the purchasing process. Any modifications to the Terms will not affect purchases that have already been completed. The current version of the Terms can be accessed at any time on our website under the "Terms and Conditions" section. We will store the contract and send the order details, along with our Terms, to you in text format.

2.1. After entering your details and completing the order by clicking the "Confirm Order" button and accepting the Terms, you will immediately receive a non-binding order confirmation email from Silhouette summarizing your order details, with these Terms attached. This email is automatically generated and should not be considered confirmation of contract conclusion.
Silhouette confirms acceptance of the customer's offer to conclude a contract either by sending a separate email, a shipping confirmation, or implicitly by dispatching the products within two days after receiving the order. Therefore, the product portfolio in the Online Store does not constitute a binding offer to customers but rather provides an overview of the products, enabling the customer to submit an offer to Silhouette. The order becomes binding for the customer once it has been submitted. Customers can correct their information at any time before submitting an order using the correction options provided and explained during the purchasing process.

2.2. In the "Login / Registration" section, by selecting the "Create a user account" option, you have the choice to create a customer account to save your details for future purchases.

2.3. In the customer account, you can also view certain information, particularly details related to your orders. If you have created a customer account, you can access it at any time by entering your email address and personalized password. However, registration is not mandatory. By selecting the option "I wish to continue as a guest," you can purchase the desired products without previously creating a customer account.

3.1. The payment process begins by selecting your preferred payment method. Currently, we offer payment via credit card, PayPal, and Apple Pay. We also reserve the right to occasionally or permanently change payment methods and direct you to alternative (commonly used) payment methods.

3.2. If you select credit card payment, you will be asked to provide your credit card details. The data will be verified, and you will be authenticated as the legitimate cardholder. We will then request your credit card company to initiate the payment transaction and accept your offer to conclude a contract. The credit card company will automatically process the payment transaction using two-factor authentication, and your card will be charged. The charge occurs upon order completion.

4.1. Return Instructions
You have the right to return the products you have purchased within seven (7) days. The return period expires seven (7) days from the day you or a third party designated by you (other than the carrier) takes physical possession of the products.
To return the products, you must contact our customer service before the return period ends (service.pt@silhouette.com) to obtain return authorization. We will verify the transaction and order date and ask for the reason for the return. For approved returns, we will send you a return label via email.

4.2. Effects of Returns
If you return the products, we will refund all payments received within fourteen (14) days from the date we receive the returned products. The refund will be processed using the same payment method you used for the initial transaction, unless expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
You must return the products to [to be defined] within fourteen (14) days from the date our customer service has approved the return. The deadline is considered met if you send the products before the fourteen (14) days expire. We will cover the return shipping costs. You are only responsible for any reduction in the value of the products resulting from handling them in a manner different from what is necessary to examine their nature, characteristics, and functionality.

If you receive products that have been clearly damaged during transport, please file a complaint with the carrier as soon as possible and contact us immediately. However, failing to file a complaint and/or contact us will not affect your legal rights or claims, particularly your warranty claims. By filing a complaint or reaching out to us, you help us pursue our own claims against the carrier and/or our transport insurance.

The prices displayed in the Online Store at the time of ordering already include applicable taxes. Delivery is free of shipping costs, regardless of the order value. Prices are stated in the national currency (Brazilian Real – BRL).

7.1.
We deliver products ordered through our Online Store exclusively within Brazil.

7.2.
Unless otherwise stated in the item description, the dispatch time is approximately two to three (2-3) business days. We ship products via Correios, but we reserve the right to choose different carriers.

The risk of accidental loss and accidental deterioration of the products is transferred to the customer upon delivery.
In the case of shipment to a location other than Silhouette, the risk is only transferred to the customer once the product has been handed over to the carrier, the shipping company, or any other person or institution designated to handle the transport, if the customer has entered into a separate transport contract with a carrier not proposed by Silhouette.
If the customer fails to accept the products in a timely manner, the risk of loss and accidental deterioration will be transferred to the customer at the moment of the delay in acceptance.

Until the full purchase price and all associated costs have been paid, the ordered products remain the exclusive property of Silhouette. Until then, the customer assumes full responsibility for the products entrusted to them, including the risk of accidental loss, accidental destruction, and accidental deterioration. Any resale before full payment is not permitted.

10.1. Warranty
Silhouette guarantees that the products are free from material and legal defects that could substantially diminish their value or suitability for their intended use ("defect").
The customer is required to inspect the products immediately upon receipt. Any defects must be reported to Silhouette within seven (7) days after receipt; otherwise, the products will be considered accepted, and any further warranty claims will be forfeited.
Defects that could not be detected during the initial inspection must be reported to Silhouette immediately after their discovery.
The warranty period for claims related to defects is 180 (one hundred and eighty) days from the date the defect is discovered.
In the event of a defect, the customer may generally choose between:
• Repair of the defect ("rectification")
• Replacement of the defective product ("substitution")
Contract cancellation and refund ("rescission") are only options if rectification or replacement is not possible within a reasonable timeframe.
The product descriptions in the Online Store are not representations or guarantees of any kind.

10.2. Liability Limitations
These are the only warranty terms agreed upon between Silhouette and the customer.
All other claims (such as price reductions or compensation for damages, including loss of profit and consequential damages) are excluded under these Terms, to the extent permitted by law.

11.1.
Your personal data will be processed in accordance with our Privacy Policy and the General Data Protection Law (Law 13.709/2018). By accepting these Terms, you consent to the use of your personal data within Silhouette's legitimate interest for the full execution of this contract.

11.2.
Detailed information about personal data processing can be found in our Privacy Policy, available under "Privacy Policy".

12.1.
Statements or communications of any nature should be addressed to:
Silhouette do Brasil Produtos Ópticos Ltda
Avenida Aruana No. 280/352, CEP 06460-010 São Paulo
Email: service.pt@silhouette.com

12.2.
Statements or notifications to customers will be sent to the last email address provided.

Our customer service is available Monday to Friday, from 9:30 AM to 6:30 PM, at the following email address: service.pt@silhouette.com.

14.1.
These Terms and any contracts concluded under them are governed by the laws of Brazil.

14.2.
All disputes arising from or related to these Terms or contracts between Silhouette and customers shall be resolved by the competent courts of the customer's residence or registered address.

14.3.
This contract is registered with the Notary Office of the City of São Paulo, microfilm .